78A-12-204 - Judicial performance survey.
78A-12-204. Judicial performance survey.
(1) The judicial performance survey required by Section 78A-12-203 concerning a judgewho is subject to a retention election shall be conducted on an ongoing basis during the judge'sterm in office by a third party under contract to the commission.
(2) The judicial performance survey shall include as respondents a sample of each of thefollowing groups as applicable:
(a) attorneys who have appeared before the judge as counsel;
(b) jurors who have served in a case before the judge;
(c) litigants whose cases have been considered by the judge; and
(d) court staff who have worked with the judge.
(3) The commission may include an additional classification of respondents if thecommission:
(a) considers a survey of that classification of respondents helpful to voters indetermining whether to vote to retain a judge; and
(b) establishes the additional classification of respondents by rule.
(4) All survey responses are anonymous, including comments included with a surveyresponse.
(5) If the commission provides any information to a judge or the Judicial Council, theinformation shall be provided in such a way as to protect the confidentiality of a surveyrespondent.
(6) A survey shall be provided to a potential survey respondent within 30 days of the dayon which the case in which the person appears in the judge's court is closed, exclusive of anyappeal, except for court staff and attorneys, who may be surveyed at any time during the surveyperiod.
(7) Survey topics shall include questions concerning a judge's:
(a) legal ability, including the following:
(i) demonstration of understanding of the substantive law and any relevant rules ofprocedure and evidence;
(ii) attentiveness to factual and legal issues before the court;
(iii) adherence to precedent and ability to clearly explain departures from precedent; and
(iv) grasp of the practical impact on the parties of the judge's rulings, including the effectof delay and increased litigation expense;
(b) integrity, including the following:
(i) avoidance of impropriety or the appearance of impropriety; and
(ii) display of fairness and impartiality toward all parties;
(c) communication skills, including clearly articulating the basis for written rulings;
(d) judicial temperament, including the following:
(i) demonstration of courtesy toward attorneys, court staff, and others in the judge'scourt;
(ii) maintenance of decorum in the courtroom;
(iii) demonstration of judicial demeanor and personal attributes that promote public trustand confidence in the judicial system; and
(iv) preparedness for oral argument; and
(e) administrative performance, including the following:
(i) management of workload;
(ii) sharing proportionally the workload within the court or district; and
(iii) issuance of opinions and orders without unnecessary delay.
(8) (a) If the commission determines that a certain survey question or topic is notappropriate for a category of respondents, the commission may omit that question or topic fromthe survey provided to that category of respondents.
(b) Litigants may be surveyed only about judicial temperament, integrity, andcommunication skills.
(c) The commission shall, by rule, determine appropriate litigants to be surveyed.
(9) The survey shall allow respondents to indicate responses in a manner determined bythe commission, which shall be:
(a) on a numerical scale from one to five, with one representing inadequate performanceand five representing outstanding performance; or
(b) in the affirmative or negative, with an option to indicate the respondent's inability torespond in the affirmative or negative.
(10) The commission shall compile and make available to each judge that judge's surveyresults with each of the judge's judicial performance evaluations.
(11) The commission may make rules in accordance with Title 63G, Chapter 3, UtahAdministrative Rulemaking Act, as necessary to administer the judicial performance survey.
Amended by Chapter 98, 2010 General Session